The Latest on the Latino and Immigrant Fairness Act (LIFA)

Subject: The latest on the Latino and Immigrant Fairness Act (LIFA). Your advocacy is needed!

LIFA has taken center stage in Congress as this session draws to a close.  It’s not too late to contact members of Congress and the White House encouraging their support for the provisions included in LIFA! We urge you to continue your efforts with Congress and the White House to restore Section 245(i), update the registry date, and grant NACARA parity. Call the Congressional switchboard at (202) 224-3121 to speak with your Senators and Representative, and call the White House at (202) 456-1414 to commend the Administration for their continued support for LIFA.

The Republican leadership has indicated opposition to these needed measures, despite the strong support for LIFA from such key Republicans as Senator John McCain (R-AZ) and Jack Kemp, the 1996 Republican Vice-Presidential candidate.

Senator Orin Hatch (R-UT) has indicated that he, along with other Republicans, support a new measure they have drafted, the Legal Immigration Families Equity Act (LIFE Act).  The LIFE Act would allow the INS to accept and adjudicate the applications of people who were part of the successful lawsuits against the INS for improperly denying applications under the 1986 amnesty act that President Reagan signed.  Also under the Hatch proposal, visitor visas and work authorization would be granted to Family 2A applicants (the spouses and children of lawful permanent residents) who have been waiting more than three years for their visa to be available.  The LIFE Act lacks provisions to address the lack of equity experienced as a result of NACARA, does not restore Section 245(i) for those people outside of the Family 2A category who are unable to become permanent residents because of the expiration of 245(i), and offers nothing for people who would benefit from updating the registry date to 1986.

Senator Hatch’s proposals are not substitutes for the restoration of 245(i), NACARA parity, and updating the registry date.  Allowing those people who already have successfully sued INS to receive the remedies to which they are entitled does nothing to protect those people who were not part of the lawsuit but were harmed by the INS mishandling of their case in the same manner.  In addition, this proposal ignores the fact that the “Class of ’82” already has been in legal limbo for the last 15 years and unable to apply for their family members.  Updating the registry date to 1986 would allow most of those family members to apply for permanent residency themselves.  Finally, the Hatch proposal’s silence on NACARA parity and the restoration of Section 245(i) dramatically signal other aspects that need to be addressed:  roadblocks to people becoming legal need to be eliminated and people from similar circumstances fleeing civil war and strife, need to be treated equally. 

As Congress draws to a close, it is vitally important that you contact your Senators, Representatives, and the White House to urge them to support LIFA.

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